Title 12 › CHAPTER 35 — RIGHT TO FINANCIAL PRIVACY › § 3405
A government authority may get a person’s bank or financial records under section 3402(2) by using an administrative subpoena or summons only if three things happen. First, there must be reason to believe the records are connected to a real law enforcement investigation. Second, the customer must be given or mailed a copy of the subpoena or summons on or before the day the bank is served, and that copy must include a written notice saying the request is made under the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) and explaining the investigation in enough detail for the customer to understand it. Third, either 10 days after the notice was served or 14 days after it was mailed must pass with no sworn motion to block the request filed in court, or the challenge process in section 3410 must have been followed. The required notice must tell the customer how to object: file a sworn statement and motion in a U.S. district court, send a copy to the government authority, be ready to appear in court, and that they may hire a lawyer. If the customer does not follow those steps within the time limits, the records will be released and may be shared with other government authorities, who must notify the customer after any transfer.
Full Legal Text
Banks and Banking, Source: USLM XML via OLRC
Legislative History
Reference
Citation
12 U.S.C. § 3405
Title 12, Banks and Banking
Last Updated
Sep 23, 2026
Release point: 119-110